FEE SIMPLE
Applied in 9 court decisions — leading case Russell v. City of Bryan (1996)
Most recently applied in Gutierrez v. Stewart Title Co. (May 2018)
Acts 1983, 68th Leg., p. 3480, ch. 576, Sec. 1, eff
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(a) An estate in land that is conveyed or devised is a fee simple unless the estate is limited by express words or unless a lesser estate is conveyed or devised by construction or operation of law. Words previously necessary at common law to transfer a fee simple estate are not necessary.
(b) This section applies only to a conveyance occurring on or after February 5, 1840.
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.